Pawtucket Man Sentenced in Massachusetts Case

Pawtucket Man Sentenced in Massachusetts Case

Posted By
Attorney Robert H. Humprhey

As reported in the November 5, 2014 edition of the Providence Journal,
a Pawtucket man entered a plea in Massachusetts to
vehicular homicide
, driving to endanger and possession of an open container of alcohol. The
man was speeding when he crossed the lane of travel and hit another driver,
killing him. He was sentenced to two (2) years imprisonment, one (1) year
to serve.

In Rhode Island, a similar charge would be driving to endanger –
death resulting. Pursuant to R.I.G.L. 31-27-1, driving to endanger –
death resulting is defined as when the death of any person ensues as a
proximate result of an injury received by the operation of any vehicle
in reckless disregard of the safety of others, including violations of
§ 31-27-22, the person so operating the vehicle shall be guilty of
"driving so as to endanger, resulting in death".

(b) Any person charged with the commission of this offense shall upon conviction
be imprisoned for not more than ten (10) years and have his or her license
to operate a motor vehicle suspended for no more than five (5) years.

Then there is the more serious charge of drunk driving – death resulting.
Pursuant to R.I.G.L. 31-27-2.2, when the death of any person other than
the operator ensues as a proximate result of an injury received by the
operation of any vehicle, the operator of which is under the influence
of any intoxicating liquor, toluene, or any controlled substance as defined
in chapter 28 of title 21, or any combination of these, the person so
operating the vehicle shall be guilty of "driving under the influence
of liquor or drugs, resulting in death".

The penalties if convicted include imprisonment in the state prison for
not less than five (5) years and for not more than fifteen (15) years,
in any unit of the adult correctional institutions in the discretion of
the sentencing judge, by a fine of not less than five thousand dollars
($5,000) nor more than ten thousand dollars ($10,000) and his or her license
to operate a motor vehicle shall be revoked for a period of five (5) years.
The license privilege shall not be reinstated until evidence satisfactory
to the administrator of the division of motor vehicles establishes that
no grounds exist which would authorize the refusal to issue a license,
and until the person gives proof of financial responsibility pursuant
to chapter 32 of this title.

(ii) In addition, the person convicted may be required to successfully
complete alcohol or drug treatment in a program of their choice, at their
own expense, as authorized by a judge of the superior court, and may successfully
complete the program before any license to operate a motor vehicle is renewed.